Can’t treat girl child as a chattel, says SC

SC held that a child’s interest has to be paramount in all custody battles.

The Supreme Court Friday cautioned warring parents against treating a child like a “chattel” and held that a child’s interest has to be paramount in all custody battles.

“A child is not a chattel. A child cannot be lifted and taken away by one parent or another…cannot be forcibly removed. Law takes into account what is paramount welfare of the child,” said a bench led by Chief Justice of India R M Lodha.

The court was hearing a custody row between the parents of a four-year-old girl child, who was directed by the Madras High Court to spend four days with the mother and three days with the father in a week.

Story continues below this ad

The court, however, censured the High Court for passing this order, saying it shook the conscience of the bench that the child was treated like a “shuttle cock”.

“We are sorry the way the High Court has handled (the case). Agony of the child should not be put in this manner. This arrangement cannot be allowed even for a day. It has to be corrected,” the bench, also comprising justices Kurian Joseph and Rohinton F Nariman, said.

The bench then ordered the father, who is presently having the custody of the child to bring her to the apex court on July 21 and appointed two women lawyers as mediators to resolve the custody dispute.

The apex court said the two lawyers would sit with the girl child and talk with her and are also free to take whatever way they think fit to arrive at some solution and thereafter in-chamber hearing will take place.

Stay updated with the latest - Click here to follow us on Instagram